Allen v. Cooley
Supreme Court of South Carolina
Before Aldrich, J., Greenville, March, 1898. Action by B. Berry Allen v. David K. Cooley and Thos. D. Cooley. The Circuit decree fully states the facts, as follows: After the argument of Mr. Cothran for the plaintiff, and Mr. Watkins for the defendant, T. D. Cooley, Mr. Graydon raised the objection for the first time that the notice of the application had not been personally served upon the defendant, D. K. Cooley, and that he could not be affected by the present proceeding.
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Before Aldrich, J., Greenville, March, 1898. Action by B. Berry Allen v. David K. Cooley and Thos. D. Cooley. The Circuit decree fully states the facts, as follows: After the argument of Mr. Cothran for the plaintiff, and Mr. Watkins for the defendant, T. D. Cooley, Mr. Graydon raised the objection for the first time that the notice of the application had not been personally served upon the defendant, D. K. Cooley, and that he could not be affected by the present proceeding. The sheriff’s return shows that diligent search was made for D. K. Cooley, and that he could not be found, and that the…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Chief Justice McIver.
The plaintiff and the defendant, D. K. Cooley, were copartners in trade, under the name of Allen & Cooley, carrying on a mercantile business for a series of years prior to the 30th of September, 1897, and on that day the partnership was dissolved by mutual consent. For the purpose of the dissolution a *435statement of the assets and liabilities of the firm was submitted by D. K. Cooley, who seems to have had the active management of the mercantile business — the plaintiff being a farmer, and taking but little part in the management…
2Cited by7 opinions
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- Hand v. HesletMontana Supreme Court · 1927
- American Surety Co. of N.Y. v. MuckenfussSupreme Court of South Carolina · 1934
- Saunders v. SaundersIdaho Supreme Court · 1930
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